NEW DELHI: The Delhi High Court has lamented the prevalent issue of concealing income in matrimonial disputes, noting the common practice of parties withholding their true earnings to evade maintenance payments.
Justice Navin Chawla in a recent order pointed out the challenges faced by courts in assessing the actual income of spouses for determining maintenance obligations.
The court stressed the necessity of relying on available evidence to estimate the income of the husband, noting the inherent difficulty in such assessments.
Justice Chawla's remarks came during the hearing of a case where a husband contested a family court's order mandating him to pay interim maintenance to his wife and minor son.
Despite the husband's initial declaration of earning Rs 24, 000 per month, which was later revised to Rs 14, 000 per month, the family court determined his income at Rs 70, 000 per month, considering his involvement in running a music academy and performances across the country.
Rejecting the husband's claims, the high court upheld the family court's decision, stressing the need for factual consideration in such matters.
However, it directed the husband to address any changes in circumstances, particularly regarding the wife's employment status, through an appropriate application before the family court.
Concluding the proceedings, the high court directed the husband to settle all outstanding maintenance arrears as per the family court's order within eight weeks.
It also granted the husband the opportunity to seek modification of the interim maintenance order based on the changed circumstances, ensuring fair and equitable resolution in the ongoing matrimonial dispute.